Criminal Law – Murder – Appellants convicted for causing death of Sher Singh by setting him on fire – Trial Court and High Court relied on two dying declarations made by the deceased – Supreme Court examines the reliability and validity of the dying declarations – Conviction upheld [Paras 1-30].

Dying Declarations – Reliability and Evidentiary Value – Deceased made two dying declarations implicating the appellants – First to a doctor at the hospital, second to a police officer – Supreme Court finds both declarations consistent and reliable – No evidence of tutoring or fabrication – Medical evidence supports the mental fitness of the deceased at the time of making the declarations [Paras 8-18].

Motive – Absence of Proven Motive – Prosecution failed to establish a specific motive for the crime – Supreme Court holds that lack of motive does not invalidate the dying declarations or the prosecution case – Conviction based on dying declarations stands even without proof of motive [Paras 12.6, 16.3].

Contradictions and Inconsistencies – Defence raised contradictions in evidence, particularly regarding self-immolation theory and absence of direct evidence – Supreme Court rejects these contentions, finding the prosecution’s evidence consistent and credible – Dying declarations considered truthful and voluntary [Paras 14-16].

Decision – Appeals Dismissed – Conviction and life sentence under Section 302/34 IPC upheld – Appellants’ contentions rejected – No interference with the concurrent findings of the Trial Court and High Court [Paras 17-19].

Motor Vehicles Act – Section 163A – No-fault liability – Claimants filed under Section 163A for compensation due to the death of Chotelal alias Shivram in a vehicular accident – Tribunal awarded compensation, but High Court quashed it on the basis that the claim was against the owner and insurer of the motorcycle the deceased was driving, not the offending vehicle – Supreme Court upholds High Court's decision, finding deceased stepped into shoes of the owner [Paras 1-10].

Third Party Insurance – Deceased Borrower – Borrower of the vehicle steps into the shoes of the owner – As per Section 163A, compensation claims must be made against the owner/insurer of the offending vehicle, not the vehicle driven by the deceased – Insurance liability is limited to third parties, not the owner or borrower of the vehicle [Paras 5.1-5.7].

Contract of Insurance – Terms and Conditions – Insurance policy covers liability for third parties, not the owner/borrower – In personal accident, owner-driver entitled to specified amount under policy – Claimants entitled to Rs. 1 lakh under personal accident cover as per policy terms [Paras 5.8-5.9].

Decision – Appeal Partly Allowed – Claimants entitled to Rs. 1 lakh with interest at 7.5% per annum from claim petition date till realization – No order as to costs [Para 6].

Service Law – Pension Benefits – Appellant, a re-employed Proof Reader, denied pension benefits for the period between voluntary retirement and reappointment – High Court dismissed writ petition challenging denial – Supreme Court examines Rule 4.23 of PCSR regarding condonation of service interruption [Paras 1-16].

Condonation of Interruption – Rule 4.23 PCSR – Interruption due to voluntary retirement not condonable under Rule 4.23 – Rule limits condonation to interruptions caused by factors beyond the employee’s control and not exceeding one year – Appellant’s interruption exceeded six years – Government’s refusal to relax Rule 4.23 upheld [Paras 7-12].

Past Service Benefits – Fresh Appointment – Appellant’s reappointment considered fresh; past service not added for pension – Board’s resolution conditional on government approval, which was denied – Supreme Court affirms lower court’s decision denying pension for service prior to reappointment [Paras 13-15].

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Decision – Appeal Dismissed – High Court’s dismissal of writ petition upheld – Appellant not entitled to relief as statutory rules do not permit condonation of extended interruption in service [Para 16].

Contract Law – Injunction – Appellant sought injunction to restrain respondents from executing further documents or creating third-party rights on disputed land – Trial court and High Court granted injunction based on prima facie existence of a concluded contract – Supreme Court examines the evidence, including emails and WhatsApp messages, and finds no concluded contract – Injunction set aside [Paras 1-24].

Prima Facie Case – Concluded Contract – Supreme Court analyzes the evidence of communications between parties – Finds negotiations were ongoing and no mutual agreement was reached – No concluded contract existed to justify injunction – Plaintiff's conduct and delay in filing suit considered [Paras 15-21].

Balance of Convenience – Irreparable Injury – Court holds that balance of convenience favored defendants – Plaintiff delayed in filing suit, allowing third-party rights to arise – Defendants made substantial investments and paid taxes based on agreement with third party – Plaintiff failed to demonstrate irreparable harm [Paras 19-20].

Specific Performance – Judicial Discretion – Grant of specific performance is discretionary – Plaintiff failed to establish a prima facie case and mutuality of contract – Plaintiff's delay and conduct influenced court’s decision to refuse injunction [Paras 22-23].

Decision – Appeal Allowed – Orders of injunction by lower courts set aside – Matter to be decided on merits in trial – High Court’s directions to expedite suit reiterated [Para 24-25].

Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 18 – Appellant convicted for possessing 1.75 kg of opium – Trial Court sentenced him to 10 years rigorous imprisonment and fine – High Court affirmed conviction – Appeal to Supreme Court raising issues of incomplete link evidence and non-examination of independent witnesses [Paras 1-7].

Link Evidence – Examination of Officers – Appellant argued non-examination of ASI who handled case property broke chain of custody – Supreme Court held non-examination did not affect case as seals were intact and no tampering occurred – Chain of custody was complete [Paras 10-11].

Independent Witnesses – Reliability of Official Witnesses – Appellant contended absence of independent witnesses affected prosecution case – Supreme Court held that evidence of official witnesses cannot be disregarded solely due to their status – Efforts to secure independent witnesses were made but were unsuccessful [Paras 14-15].

Section 50 NDPS Act – Compliance – Appellant claimed violation of Section 50 as ASP was not examined – Supreme Court found ASP was summoned but could not attend due to valid reasons – No violation of statutory provisions found [Paras 12-13].

Previous Rulings – Application of Precedents – Appellant relied on Mohan Lal v. State of Punjab regarding same officer acting as informant and investigator – Supreme Court referred to Varinder Kumar v. State of Himachal Pradesh to hold that each case must be decided on its individual facts prior to Mohan Lal ruling [Paras 16-17].

Decision – Appeal Dismissed – Conviction and sentence upheld – Appellant to surrender within four weeks to serve remaining sentence – Bail bonds cancelled [Para 17-18].

Constitutional Law – Minority Rights – Article 30 of the Constitution – Appellants challenged provisions of the West Bengal Madrasah Service Commission Act, 2008, arguing they violated minority institutions' rights to administer their educational institutions – High Court declared Sections 8, 10, 11, and 12 of the Act ultra vires – Supreme Court analyzes the provisions and affirms High Court's decision – Held that the provisions interfered with the administration of minority institutions by imposing mandatory selection and appointment processes [Paras 16-21].

Appointment of Teachers – West Bengal Madrasah Service Commission Act, 2008 – Sections 8, 10, 11, and 12 required minority institutions to appoint teachers selected by the Commission – High Court held these provisions violated Article 30 – Supreme Court agrees, noting that while regulations can ensure educational standards, they must not infringe on the institution's right to choose its teachers [Paras 13-15].

Regulatory Measures – Reasonableness – Supreme Court reviews precedent on permissible regulatory measures – Concludes that while the state can impose regulations to ensure the quality of education, such regulations must be reasonable and not infringe on minority rights – Provisions in question found to be excessive and not merely regulatory [Paras 17-19].

Decision – Appeals Allowed – Sections 8, 10, 11, and 12 of the West Bengal Madrasah Service Commission Act, 2008, declared ultra vires – Commission's recommendations not binding on minority institutions – Affirmed High Court's judgment protecting the administration rights of minority institutions under Article 30 [Paras 22-25].

Facts:

Incident occurred on the evening of 16.12.2012 involving the gang rape and brutal assault of the prosecutrix in a moving bus.

Accused misbehaved, committed gang rape, and subjected the victim to unnatural offenses.

Victim and her friend thrown out of the moving bus, leading to her critical condition and subsequent death.

Issues:

Conviction and death penalty imposed on the petitioner challenged in the review petition.

Various legal arguments presented, including flaws in investigation, lack of professional skills by the investigating agency, and allegations of false implication.

Held:

The review petition sought a re-examination of the conviction and death penalty. However, the Supreme Court dismissed the petition, stating that the scope of review is limited and can only be entertained in cases of error apparent on the face of the record. The Court emphasized that the petitioner merely repeated arguments already considered and rejected. Grounds such as flaws in the investigation, media pressure, and general contentions against capital punishment were deemed insufficient for a review.

Facts:

The case involves the appeal of Anokhilal against the State of Madhya Pradesh. The accused was charged with the rape and murder of a minor girl. Legal aid was granted, and an Amicus Curiae was appointed. However, the charges were framed swiftly, leaving limited time for the defense to prepare.

Issues:

The adequacy of legal representation, the expeditious disposal of the trial, and whether the accused received a fair and meaningful legal aid.

Held:

Article 39-A, inserted by the 42nd amendment to the Constitution, emphasizes free legal aid to ensure justice is not denied based on economic or other disabilities. The Right to Free Legal Services is deemed essential for a fair and just procedure.

The Amicus Curiae was appointed on the same day charges were framed, lacking sufficient time for preparation. The trial court's approach, though expediting the process, did not serve the cause of justice.

The trial court should have adjourned to allow the Amicus Curiae adequate time. The expedited trial, concluding within a fortnight, compromised the real and meaningful assistance the appellant was entitled to.

Other issues include the hasty examination of witnesses, early questioning of the accused, and swift conclusion without waiting for crucial reports. The expeditious disposal left glaring gaps in the proceedings.

While expeditious disposal is necessary, it should not compromise fairness. The cause of justice must prevail, and fast-tracking should not lead to burying the cause of justice.

In line with the principles laid down in Bashira, the counsel appointed through Legal Services should have been given sufficient opportunity, and the lack thereof resulted in a miscarriage of justice.

Setting aside the convictions and sentences, the court directs de novo consideration, allowing the appellant's counsel to address various issues.

Norms are established for appointing Amicus Curiae, specifying a minimum of 10 years of practice for advocates, especially in cases involving life or death sentences.

FACTS:

DAV Public School maintained three accounts with Indian Bank.

The bank linked the school's account to net banking without authorization, leading to a loss of Rs. 30,00,000/-.

The school did not apply for net banking; the linking was done mistakenly.

The complaint was filed after the detection of unauthorized transactions.

ISSUES:

Whether the bank is liable for the loss incurred due to fraudulent transactions.

The extent of the school's responsibility for the delay in reporting the fraud.

HELD:

The bank was found liable for linking the school's account to net banking without authorization.

The school was not responsible for the loss of Rs. 25,00,000/-; the bank was directed to compensate this amount.

The delay in reporting the fraud contributed to the additional loss of Rs. 5,00,000/-; the school was not held responsible for this part.

The bank was ordered to compensate the school to the tune of Rs. 25,00,000/- transferred until 9.9.2014.

The impugned orders were interfered with to this extent, and the appeal was allowed accordingly.